RESOLUTION 

A RESOLUTION TO APPROVE SPEX04-CR-023: A Category 9 Special Exception to Allow for THE RENEWAL OF A PREVIOUSLY APPROVED REQUEST TO HOLD cLASS c EVENTS and APPROVAL FOR CLASS B EVENTS

            WHEREAS, the owners of the property identified by PIN: 7900-64-8311-000 have requested a Category 9 Special Exception to allow for the renewal of a previously approved Special Exception to hold Class C events and new approval for limited Class B events to allow for encampments; and

WHEREAS, the requested Special Exception will allow the applicants to continue to operate their special events on the property; and

            WHEREAS, on July 29, 2004, the Planning Commission voted unanimously to forward Special Exception SPEX04-CR-023 to the Board of Supervisors with a recommendation of conditioned approval; and,

WHEREAS, on August 16, 2004, the Fauquier County Board of Supervisors held a public hearing and considered public testimony; now, therefore be it

            RESOLVED by the Fauquier County Board of Supervisors this 16th day of August 2004, That Special Exception SPEX04-CR-023, JAPAL, LLC, Applicant, and Al-Mara Farms, Inc., Owner, be, and is hereby, approved, subject to the following conditions:

Class C Events Renewal:

 

  1. The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land. This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.

 

  1. This Special Exception is subject to the provisions of Article 12 of the Fauquier County Zoning Ordinance, Site Plans, as may be determined by the Fauquier County Department of Community Development. Any site plan submitted pursuant to this Special Exception shall be in conformance with the Special Exception Plat received May 14, 2004, and these conditions.

 

  1. This Special Exception shall be granted for a period of five (5) years from the date of Board of Supervisors approval and shall also have the option of an additional three (3) annual renewals by the Zoning Administrator.  After that time the Special Exception must be renewed by the Board of Supervisors in accordance with the provisions of the Zoning Ordinance.

 

  1. No use associated with this Special Exception shall be permitted on the portion of the property that is zoned Residential (R-1).

 

  1. There shall be no access associated with this use from Route 28. The proposed entrance site from Route 649 shall be maintained to include a paved apron.

 

  1. A combination of vegetative screening and construction-type fencing shall be provided for the exhibit area along the Route 28 frontage. Within the corn maze area, netting shall be provided along the Route 28 frontage to prohibit movement into and out of the corn maze from Route 28.

 

  1. No events or activities shall occur before 9:00 a.m. and all events must conclude no later than 10:00 p.m.  Sunday events shall not be scheduled prior to 12:30 p.m. so as not to interfere with local church services.

 

  1. There shall be no more than 1,000 attendees on site at any one time, and no event shall last more than three (3) consecutive days.

 

  1. No structure associated with the use shall be closer than 100 feet to any adjacent lot line.

 

  1. All parking must be provided on site, and shall be no closer than 100 feet from any adjacent property.

 

  1. The applicant shall provide adequate security, emergency, traffic control, sanitation and refreshment services. At least thirty (30) days prior to major events, the applicant shall provide written proof to the Zoning Administrator that the following agencies have been consulted and that necessary approvals/permits have been obtained: Fauquier County Sheriff’s Office, Virginia Department of Transportation, Fauquier County Emergency Services and the Fauquier County Health Department.

 

  1. Any retail use associated with this use shall be either accessory to the use or conducted for the benefit of a non-profit, tax-exempt organization. At least thirty (30) days prior to the event applicant shall provide to the Zoning Administrator the name, address and contact person for each entity conducting retail sales at the event.

 

  1. All grass areas used for parking shall be mowed and maintained as to minimize the risk of vehicle and field fires.

 

  1. Restroom facilities shall be provided in accordance with Health Department regulations.

 

  1. At no time shall fireworks, hot-air balloons or helicopters be used for any Class C events.

 

  1. The applicant shall require its employees and all invitees to strictly comply with State burning laws and copies of such laws shall be posted on site.

 

  1. During events with outdoor music or amplified sound, the maximum permitted sound noise levels shall not exceed sixty (60) db at the property line.

 

  1. All lighting shall be in conformance with the Fauquier County Zoning Ordinance and be positioned downward, inward and shielded to eliminate glare to all adjacent properties.

 

  1. Fire extinguishers meeting State and Federal standards shall be provided at all events.

 

  1. The applicant may be required to provide a Site Plan, pursuant to Article 12 of the Zoning Ordinance.

 

Class B Events include the conditions above and the following:

 

  1. The applicants shall have no more than twelve (12) encampment events per calendar year, each with a maximum of 150 attendees.  Should the applicants request additional events or attendees, Special Permit approval is required.

 

  1. The Special Exception will not supersede, nullify or replace SPEX04-CR-023 for Class C events.  This is a separate Special Exception with its use limited to encampments.  Its total cumulative number of attendees (150 per event) represents a stand-alone total for each event and is not intended to be included in the cumulative number of attendees per event, for the approved Special Exception, SPEX04-CR-023.

 

  1. This Special Exception shall be granted for a period of five (5) years from the date of Board of Supervisors approval and shall also have the option of an additional three (3) annual renewals by the Zoning Administrator.  After that time the Special Exception must be renewed by the Board of Supervisors in accordance with the provisions of the Zoning Ordinance.

 

4.      The applicant may be required to provide a Site Plan, pursuant to Article 12 of the Zoning Ordinance.